Sean ‘Diddy’ Combs’s trial begins in May. What’s happening right now as the prosecution and defence prepare?Criminal defence attorney Shaun Kent joins Anoushka Mutanda-Dougherty to talk about pseudonyms, choosing juries, and picking the right expert.They’ll consider what cases like that of Michael Jackson’s doctor or OJ Simpson tell us about how US trials work.Meanwhile - Texan lawyer Tony Buzbee says he’s representing Andrew Tate’s ex girlfriend.The Diddy on Trial podcast is here to investigate the rumours, confront the theories, and give you the answers that you need.We also want YOU to be part of the conversation. Have you any burning questions about the cases or the upcoming trial? Heard a theory that doesn’t sit right with you? Get in touch now via WhatsApp: 0330 123 555 1.Presenter: Anoushka Mutanda-Dougherty Series Producer: Laura Jones Sound Design: Craig Boardman Production Coordinator: Hattie Valentine Editor: Clare FordhamCommissioning Editor: Rhian Roberts Assistant Commissioner: Will Drysdale Commissioning Producer: Adam Eland Commissioning Assistant Producer: Rechmial MillerSean ‘Diddy’ Combs - who has also gone by the names Puffy, Puff Daddy, P Diddy, Love, and Brother Love - emerged into the hip-hop scene in the 1990s. He founded Bad Boy Records, which launched the careers of the Notorious B.I.G. and Mary J Blige.His current legal issues began when he was sued by his ex-girlfriend Casandra Ventura, also known as Cassie, in late 2023. She accused him of violently abusing and raping her. That lawsuit was settled for an undisclosed amount a day after it was filed, with Mr Combs maintaining his innocence.His controversial history with Ms Ventura resurfaced in 2024, when CCTV footage emerged showing Mr Combs kicking his former girlfriend as she lay on a hotel hallway floor in 2016.Multiple people have filed lawsuits accusing Mr Combs of sexual assault, with accusations dating back to 1991. He denies all claims.He is accused of the federal charges of kidnapping, drugging and coercing women into sexual activities, sometimes by using firearms or threatening them with violence. He denies the charges.
Chapter 1: What is the focus of Diddy's trial?
BBC Sounds. Music, radio, podcasts. Hello and welcome back to Diddy on Trial with me, Anushka Matanda-Dowty. Subscribe and turn on your push notifications so you don't miss a thing, especially as we're going to be in New York covering every twist and turn of Diddy's federal trial, which starts in May.
He's charged with sex trafficking, transportation for prostitution and racketeering with conspiracy. He denies it all. As we build up to the trial over the next month, we'll be bringing you all the latest as the prosecution and defence get ready. And don't forget, you can always get in touch with us on WhatsApp at 0330 123 5551. That's 0330 123 5551 about any questions you'd like answering.
Today, we're taking a look at court experts, the back and forth over naming victims, the OJ jury questionnaires, and our Elsewhere in the Diddyverse, which is Busby, the Texan attorney who's filing civil cases for multiple alleged victims of Diddy. He's now going up against another high-profile name, the controversial social media figure, Andrew Tate.
Joining me today is our resident criminal defense attorney, Sean Kent. Hi, Sean.
Hey, how are you doing?
Sean, I'm looking at this docket every day. They are filing back and forth, right? One thing that stood out that I don't think we've spoken on the podcast before about is court experts.
At first I read this and I thought it meant people who had expert knowledge of being in court, but it became clearer that they are, it's kind of when they bring people in with a specialty in one of the areas they're discussing, right? Can you bring a court expert in about Anything at all? Or is there specific areas you have to pick from?
And that's a great question. And there's a standard before you can get in front of a jury. We have a couple of tests. It's from case law. One's called Daubert, D-A-U-B-E-R-T, and one is called Frye, F-R-Y-E. Those are the standards. The judge must, before you can even allow this person to get in front of the jury, they actually have to be an expert. You just can't say I'm an expert in gum chewing.
It has to be something that has scientific reliability to the community at whole. After the judge determines it has some level of expertise, the next thing they have to do is what's called a probative versus prejudicial balancing test. The judge has got to make a decision if this is actually going to be probative, helpful, or just prejudicial just to put information in there.
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Chapter 2: What are court experts and their role?
And then ones that the defence but not the government want and ones that the government but not the defence want. How do you then come to sort of a coherent understanding of who's going to be your jurors?
So they're going to send out these questionnaires that both sides and the judge can look at together. The defense would send what they want as potential questions. And the judge will say a lot. I'm not asking that. I'm not asking that. I'm not putting that on questionnaire. The prosecution will send questions. I'm not asking that. I'm not asking that. I'm not asking that.
Because it's you can't ask in the questionnaire. Do you think Diddy did it? Because that goes to the penultimate question. But you can ask generic stuff. That's going to eliminate, if there's 600 folks, that alone will eliminate, I'd say, about 150. So now you have about 450 people.
Then there is going to be things that are called peremptory challenges that we have talked about before, that either side, they get a certain number of challenges that they said, I don't want that guy. Why? because he's got a Kanye West shirt on. I don't want that guy because he's got a funny hat. As long as it's a race neutral reason, the defense of the prosecution can eliminate anybody.
Do you say race neutral? It has to be race neutral. Not gender neutral?
That is such a bigger topic. But what ends up happening, and I'll give you a very quick view, you're exactly right, it should be gender neutral. But what we do, our Supreme Court has specifically said there are certain groups of individuals who have been historically treated poorly, and they go in order.
So they first start with race neutral, then they start with gender neutral, and it has different levels of scrutiny. So you're right, it's supposed to be a gender neutral reason, but the court doesn't look at that the same way. You know, because the defense could say, Mr. Kent, why'd you exclude that woman?
Well, because she's a woman and this is a case against Diddy and we want to try to keep as many women off the trial as possible. Mr. Kent, did you put any other people who fit that category in the jury? No, Your Honor. Our strategy is to get rid of as many women as possible on this jury. You can almost get away with that. You can't get away with, well, because he's black.
You have to have a neutral reason dedicated to your case for eliminating somebody.
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